LEGAL PRINCIPLE: APPELLATE PRACTICE — Right of Appeal — Appeals from Customary Court of Appeal to Court of Appeal
PRINCIPLE STATEMENT
For an appeal to lie to the Court of Appeal from the judgment of the Customary Court of Appeal of a State, therefore, it must relate: (a) to a question of Customary law, and/or (b) to such other matters as may be prescribed by an Act of the National Assembly.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC Pam v. Gwom (2000) NLC-171998(SC) at p. 11; Paras. A–B.
"For an appeal to lie to the Court of Appeal from the judgment of the Customary Court of Appeal of a State, therefore, it must relate: (a) to a question of Customary law, and/or (b) to such other matters as may be prescribed by an Act of the National Assembly."
EXPLANATION / SCOPE
This principle clarifies the constitutional basis for appeals from a State Customary Court of Appeal to the Court of Appeal. Two grounds exist: first, the appeal must raise a question of customary law; second, the National Assembly may by statute prescribe additional matters. Without either, the appeal is incompetent. This limits the Court of Appeal’s jurisdiction strictly to customary law questions unless legislation expands it. It ensures that decisions of Customary Courts of Appeal, as final arbiters of native law and custom within states, are not disturbed except on genuine customary law issues.